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    • as i said in post 2 you do not appeal stop reading other forums read the threads here i pointed you too   await the ntk.   dx  
    • Growth in the July to September quarter was weaker than expected, suggesting the recovery is losing steam.View the full article
    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
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Paying Lombard loan back at £10/m


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Hello all, hope somebody can advise.

 

On one of your site team footnotes it says to "...stop blindly paying a DCA-"

 

well I have for nearly 15 years now after I defaulted on a Lombard Loan. About 10 years ago I sent RBS a SAR but they had no records of my loan although I did get a copy of the CCA agreement from Westcot. 

 

My original agreement through Citizens advice has meant i remain on paying back at £10 pcm with no interest added. I have not missed a payment in those 15 years but will probably be 6 feet under before it is repaid.

 

In the last 15 years the debt has been sold and resold from Westcot to Arden, Robinson Way, 2 different Idem companies,  Robinson Way (again!) and a few months ago to Hoist who offered to write off half of my £4000 balance and will accept £2k over 3 payments which I dont have although I was curious why they would do this- none of the others have?.

 

So the question I have is

- do  I continue to pay £10/m and the debt dies with me? (i retire in 5 years) or negotiate with hoist to get a further discount? Or....do I stop "blindly paying " and if I do what are the consequences?

 

thanks in advance

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so why didn't/havent you ever sent a CCA request instead of an sar which is useless.?

 

they wont have one 

 


n

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx100uk - it was your footnote I saw when I was searching for advice earlier- so glad you have replied

 

Off memory (15 years ago) I asked for one and they said it was with the DCA which Im sure was Westcot and they sent me a copy - I do have it somewhere.

I think the SAR was a much later thing to do with me being cheeky and asking for PPI back which I had taken out.

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well what wetcloths sent years ago, might not exist today. so send hoist a cca request, must be something wrong else why offer a discount....

 

sadly it looks like a classic cash cow account... sorry

they pass it around all their mates... here you have a bit ..this mug is blindly paying anyone that rocks up after a simple letter.

 

di you get the ppi back of lombard (rbs)?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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